anonposter

I was arrested in 2 domestic violence cases, a felony case, and a misdemeanor case. I took a plea offer in the felony case that resulted in all charges being dismissed, except for 1, at the time of accepting the plea offer. I was on a diversion program for 1 year because of the remaining charge, which I successfully completed, and the final charge was dismissed. So all charges were ultimately dismissed (7 prior to the diversion program, and 1 after successful completion of the diversion program). So no convictions according to Colorado state law. The diversion program would have been considered a conviction for immigration purposes. Had I been a foreign national, the diversion program would have made me deportable. I suppose federal law could view the diversion program, in which I had to enter a plea to the final charge, as a conviction. In Colorado, domestic violence convictions are not sealable. So had I been convicted, I would not have been eligible to seal.

Sealing in my state is defined as removing the records from the public's view, but it still allows law enforcement and court to access them. However, if the public (including myself) tries to inquire with law enforcement and the court about my records, they are bounded by law to reply that no records exist for me (because of the sealing). I am curious what the feds would say if some public entity tried to ask if I have a criminal record. I think most, if not all, public entities do not even have access to fed records anyways, so they wouldn't be able to check one way or the other.

Out of curiosity, do you know if non-government employers or random people can get access to fingerprinting background checks that goes through the FBI NCIC database?

drknebula

That is a good question. I see this on the FBI's website (https://www.fbi.gov/services/cjis/id...mmary-checks):

anonposter

It seems that the answer is no if I read that correctly?

drknebula

Yes, that is how I interpret it. The background check against the FBI's NCIC database can be run and shared with over governmental agencies that require it, but the individual who is being background-checked must be the one to initiate it. In addition, it must be backed by a state statue that has been approved by the US attorney general. Seems damn near impossible to do a NCIC check on someone otherwise...

emanon

Hey everyone, looking for a little advice here. I have a dui conviction from 2005 in CA that was expunged via PC 1203.4. In early 2017 I applied for SENTRI, disclosed the arrest, and before even getting to the interview was denied for the following reason: "Disclosed convictions are disqualifying"

In august 2017 I wrote a letter to the ombudsman explaining the situation and asking for reconsideration. This was denied as well.

Am I doing something incorrect here, or approaching this the wrong way? From what I gather the 12 (now 14) year time span since the arrest should be sufficient for them to overlook this indiscretion.

Thanks for any guidance!

TWA884

Hello @emanon,

Welcome to flyerTalk!

We have a more specific thread which discusses applying for Global Entry with driving under the influence convictions:
TWA884
Travel Safety/Security co-moderator

emanon

Thanks, i'll post over there. You can delete my posts here if you like so as not to clutter up the thread.

TWA884

Thanks, however, to give your question more exposure, I'm going to leave it here for the time being but request that any responses be posted in the referenced thread.

May I also suggest that you take a look at the Global Entry Denial Recourse thread?

TWA884
Travel Safety/Security co-moderator

bayguy88

Applied for GE: 2/21/19
Conditionally Approved: 5/6/19
Interview Upon Arrival at OAK: 5/18/19

Hi all, long time listener, first time caller here.

I travel internationally a couple of times a year on vacation and fly domestically probably 10-12 times a year, so I applied for Global Entry back in February hoping to save a few minutes via TSA PreCheck and upon entry to the USA from aboard and didn't think too much about the experience (likely should have taken it a little more seriously). Due to the government shutdown my conditional approval took longer than I had hoped, but outside of that nothing out of the ordinary. My girlfriend (whom I travel with almost all of the time) also applied around these same timelines and had a similar experience overall.

Anyways, upon arrival from Europe on 5/18/19 I excitedly entered the Global Entry interview line, waited for a few minutes and my girlfriend and I sit down together with the CBP agent for our interview. For my girlfriend she barely even asked her any questions, just took her fingerprints and moved on. Then she came to me, and after asking if she could discuss something in front of my gf, asked me about an arrest from 2009? I didn't play dumb or anything, and said that I didn't think this would show up as it was dismissed back in 2009 and that I never thought I was "arrested." Long story short, I received a ticket for BP25658(a) aka Selling or Furnishing Alcohol to a minor. I explained to her that it was a ticket, which was a result of a misunderstanding at a party when I was 21, that it was dismissed. She didn't seem overly concerned but said on her end she couldn't tell that it was dismissed and that she might need to follow up at a later date if she wasn't able to retrieve evidence of the dismissal. It was a very brief interview (maybe 15-20 min total for both of us) and we went on our way. She said it would likely take 48 hours for us to receive an email or for her to ask for any additional information. She was very nice and overall the experience was exceedingly pleasant. During our interview she also provided us with a sheet with some FAQ's on it (i.e. don't bring an apple off of the plane, etc.) and an email for the local office on it.

Fast forward to today (5/28/19) and I still haven't heard anything back about approval/denial/etc. When I log in to the trusted travel program portal it doesn't show that I have interviewed or anything, just that I've been conditionally approved. My girlfriend hadn't heard anything until today when she received her Global Entry card in the mail. So now it has been 10 days or so since my interview and I haven't heard anything, while my gf who also interviewed at the exact same time has been approved.

Any thoughts on what might be happening here? Am I just waiting on the inevitable denial? Any recourse if I'm denied? If I am denied, I assume it is because I didn't disclose this arrest (Obviously should have thought more carefully about this when I applied, but I didn't)? Is there any benefit for me to proactively email the email address I was given asking if they need something from me (i.e. court records or something like that)?

Thanks in advance for the help/feedback!

TWA884

California Business and Professions Code Section 25658 (a) is a misdemeanor. Even though you were not arrested, but only cited to appear in court, this offense is not an infraction like a traffic ticket.

You need to contact the clerk of the court where the case was handled and obtain a certified copy of the docket showing that the charge was dismissed. Then, provide that documentation to the Global Entry Enrollment Center where you had your interview (You may need to contact SFO at 650-877-4006, as I can find no contact information for OAK).

Good luck.

AceM

I have an arrest that happened over a decade ago and my local county destroys records after that long, i was going to do an FBI check but on this site it has 3 options https://www.fbi.gov/services/informa...ng-fbi-records

Freedom of Information Act (FOIA) Request
Privacy Act Request
Identity History Summary Check

Which option do i choose from?

greglvnv

IdHSC

drknebula

You will want to the the Identity History Summary Check option. You will need to go to a place such as your state police or law enforcement place to be fingerprinted on the required card the FBI needs to perform the check.

AceM

I contacted my local PD and they stated it would cost $50+ just for the prints

Found this page which lists places that could do the prints and the records in a much more expedited time frame for around $50 total https://www.fbi.gov/services/cjis/id...er-submissions

I plan on doing that since the results could come in less than 48 hrs, this place allows you to go to a UPS store so its even more convenient https://www.daontis.com/home/doublecheck/faqs.do

drknebula

Ah yes, approved channelers. When I used an approved channeler in my hometown, it cost me upwards of $80. When I did it through the FBI a 2nd time, but used the fingerprint card I already had, it took less than 5 working days and I only had to pay the FBI fee which is $18. Nonetheless, both options are 100% viable and will get you the results you are after..